TOWN OF RUTLAND
MINUTES: July 17, 2012
Board members present: Jim Hall, Stanley Rhodes, Steve
Hawley, John Paul Faignant and Joe Dicton
The Meeting opened at 6:40 P.M.
All rose for the Pledge of Allegiance to the United States Flag.
Board reviewed the July 3, 2012 minutes.
Mr. Hall moved to accept July 3 minutes as presented. Mr. Dicton made a
second to the motion. The motion passed by a vote of three to 0. Mr. Faignant
and Mr. Hawley abstained from the vote.
Board reviewed the June 19, 2012 minutes. Mr. Rhodes cited the fact the minutes
and the bid submittals for the new fire truck do not agree. He said there is a $200.00 difference between what is listed in the
minute’s verses the amount cited in the bid. The Board discussed the matter and
did not change the minutes. Mr. Hawley moved to accept the minutes as printed.
Mr. Dicton made a second to the motion. The motion passed by a vote of 4 to 0.
Mr. Rhodes abstained from the vote.
Board took questions from the floor.
Shames Fagan asked the Board if he could place a geo cash in Northwood Park for
individuals to try to locate with their GPS devices. The Board discussed the
request with Mr. Fagan. Mr. Fagan told the Board he is a merit badge councilor
for the geo cash merit badge for the Boy Scouts of America.
Faignant moved to authorize the placement of the stash as described. Mr. Dicton
made a second to the motion. The motion passed unanimously.
Clerk & Treasurer: Ms. Marie Hyjek reported:
- Informed the Board that A. M. Peisch has begun
the Town audit.
- Told the Board there will be a Board of Civil
Authority (BCA) meeting on August 7, at 6:00 P.M. The Board will hold a
Select Board meeting at 6:30 P.M. to review the proposed zoning
the Board she will have Constable Faignant post the primary election
- Told the Board that LHS is testing the Town
- Told the Board the last day to register to vote
is August 22 and that September 4 is the last day the Board has to place
an item on the ballot
the highway crew for painting and putting new locks on the old ballot
- Told the Board that of January 1 she no longer
wants to have hunting and fishing licenses for sale at the Town Office.
Ms. Hyjek said it is no longer cost effective to sell the licenses. She
said the Town used to make $1.50 on
each license sold and that the State provided a pre paid envelope.
She said now the State now wants to do banking electronically. Ms. Hyjek
said the State wants to know the Town’s electronic bank account
information. Ms. Hyjek said more people are getting their license on line.
Ms. Hyjek said recently her office inadvertently placed a Treasurer check
in an envelop to the Fish & Game Department and the Fish & Game
check to the Treasurer. Ms. Hyjek said the Fish & Game Department
cashed the check and told Ms. Hyjek she could not have the check back but
rather would be given credit. Mr. Rhodes said it is up to Ms. Hyjek to
decided whether to continue selling the licenses.
Council & SWAC: Charles Shields
- No meeting no report
Planning Commission Mr. Fred
- Told the Board the RRPC is well into its
strategic planning initiative.
- Informed the Board that the RRPC has developed a
job description for the position of Executive Director. Mr. Nicholson said
a new Executive Director should be on board by October.
- Told the Board he had reviewed the Killington
Ave / Victoria Dr. tree situation and that the tree is definitely an obstruction
and is located within the road right of way (R-O-W). Mr. Nicholson told
the Board that the tree is a multi stem healthy large oak. Mr. Nicholson said the landowner has no
interest in cutting down the tree.
Mr. Rhodes said he would like to view the tree and Mr. Dicton said he
would like to hear from the landowner. Mr. Faignant said the tree is a
danger. Mr. Nicholson said the Select Board would make a decision after
holding a public hearing. Mr. Nicholson said the Board should also remove
the hedgerow up the hill from the tree in question. Mr. Faignant agreed
with Mr. Nicholson regarding removal of the hedgerow.
Mr. Dicton inquired as to the road with. Mr. Nicholson said the road is 50
wide. He said the edge of the R-O-W would be 15 feet from the edge of the
pavement. Mr. Nicholson said the road is not center in the R-O-W. He said
the road is off-center away from the tree. Board members will individually
view the Killington Ave / Victoria Dr. intersection.
- Mr. Nicholson told the Board he also viewed an
elm tree near the Countryside Drive
/ East Pittsford Rd. intersection. He said it is questionable
whether the tree is in the road R-O-W. Mr. Nicholson said the tree is
healthy. Mr. Nicholson said the sight distance at the intersection is
good. Mr. Nicholson recommended no action be taken with the tree.
Nicholson said he would give copies of his reports to the Town Clerk for
inclusion in the Town report. Mr. Zingale will warn the Killington Ave. /
Victoria Drive tree matter for August 14, 2012 at 6:30 P.M.
Nicholson told the Board that the By-Way Committee has ordered signs. He said
the cost of the signs might not be covered by grant money. He said if there is
no grant money the Town would be asked to pay $120.00.
Mr. Nicholson said Mr. Hathaway would but the signs up as the Town’s local
Chief: Joseph Denardo reported:
- Informed the Board that the new tanker had
arrived and is parked outside in the parking lot. Mr. Denardo said Dingee
machine built the truck. Mr. Rhodes asked if there would be designated
drivers for the new truck. Mr. Denardo said the department does not have
designated drivers. He said he is working on setting up a required
driver-training course. He said only those who take the course would be
allowed to drive a truck.
- Mr. Rhodes cited the fact there is a small
retainage with the delivery of the truck. Mr. Denardo said the amount of
retainage is about $16,000.00. Mr.
Rhodes said that according to Mr. Larry Dingee he was 11 to 12 days late
with the delivery of the truck. Mr. Rhodes said the fine was $100.00 a day. Mr. Rhodes said the matter
would be address at the tail end of the contract.
- Told the Board he needs to replace a port-a-tank
at a cost of $1,600.00.
- The Chief told the Board that the port-a-tank on
Engine # 4 also needs to be replaced. He said the item is included in the
specifications for the truck replacement but that he would replace the
tank now. Mr. Rhodes instructed the Chef to replace both porta tanks.
- The Board and Chief Denardo discussed the bid
submittals for Engine # 4. At Mr. Dicton’s request Chief Denardo reviewed
each vendor’s bid and the reason(s) why it was rejected. Chief Denardo
said the department’s truck committee selected the Dingee Machine. The
Chief said he also recommends the Town purchase the truck from Dingee
Mr. Hall said the Select Board Fire Committee had not made a selection.
Mr. Rhodes said the Town has purchase 5 trucks from Dingee Machine I the
past 24 years.
Mr. Hawley said the Dingee selection is a no brainer since two bids are
higher priced and one bid did not meet specs. Mr. Hawley made a motion to
accept the Dingee Machine bid for $359,270.00.
Mr. Dicton made a second to the motion. The motion passed unanimously.
- Informed the Board that the Fire Department
participated in the Farrell mud volleyball charity event.
- Told the Board a truck would be sent to the
Friendly’s restaurant to celebrate their 77th birthday party.
- The Chief told the Board the Fire Station
Renovation Committee is down to reviewing two designs. He said one would
be the incorporation of the existing station with a new apparatus bay on
the west side. The Chief said they would like a building about 5,500
square feet in size.
He said the other design would involve building a new building. The chief
said the Committee is leaning toward a new building. He said problems with
existing building include; making the building energy efficient and a roof
design that works. The Chief said a new building would cost about 10%
more. Mr. Denardo said the architect’s favors a flat roof and the
Department’s Fire Committee does not.
Mr. Dicton inquired as to the status of the OMYA land transfer to the
Town. Mr. Zingale said the Town lawyer and surveyor are working on the
- The Board and the Chief discussed a request from
the Mr. Denardo for the Board to adopt a Lock Box ordinance. Mr. Faignant
said he had reviewed the proposal and that he supported the proposal. Mr.
Faignant moved to adopt the Fire Department Access Ordinance
so-called “Lock Box ordinance”.
Mr. Hall made a second to the motion. The motion passed unanimously.
Administrator: Mr. Joseph Zingale reported:
- Reported to the Board regarding the replacement
of the “Welcome to Rutland Town” sign(s). Mr. Rhodes said he would like to
know the price of a sign prior to ordering four signs. Mr. Zingale will
get a price for replacing the sign(s) from Green Screen Graphics.
- Informed the Board that Mr. Israel Mac said he
would grant the Town an access easement in order to get the Town’s 29-acre
land locked parcel. Mr. Zingale told the Board Mr. Mac would also be
interested in purchasing the land. Mr. Zingale said if the Board chooses
to sell the land to Mr. Mac a notice would have to be published in the
local paper informing the public of the proposed sale. The notice would
have to appear 30 days prior to the sale of the land.
Mr. Zingale explained that the 29 acre parcel is only assessable from; the
Mac property, property owned by individuals from New Jersey and Mr. John
Ruggiero. Mr. Rhodes said the Board would inform anyone interested in the
land that it is a landlocked parcel.
Mr. Faignant inquired as to the possibility of putting a solar farm on the
land. Mr. Zingale said 2/3 of the land is considered wetlands or hydric
soils. Mr. Zingale said such land would not be useable for solar. Mr.
Rhodes said the Board needs to place a minimal amount it would be willing
to accept for the land.
Mr. Dicton and Mr. Faignant said the land should be appraised in order to
know the fair market value. Mr. Hall made a motion to have the land
appraised. Mr. Dicton made a second to the motion. The motion passed
- Mr. Zingale said on behalf of the Town he would
like to give a big thank you to Rutland County Senators; Kevin Mullin, Peg
Flory and Bill Carris for getting the Agency of Transportation to give
Aldi’s an answer regarding permit issues.
- Informed the Board that the Town had received
the property map updates from Mr. Dean Russell. Mr. Zingale said the paper
maps look very nice. Mr. Zingale told the board that he has placed all
parcel data and maps for the entire Town on the Town’s WWW site. Mr.
Zingale said now anyone with an internet connection can access the maps
and data, which should free up Town officials from having to answer map
questions. Ms. Hyjek said she is also happy with the updated maps.
- Informed the Board the new computers had been
delivered. Mr. Zingale also told the Board he needs to purchase the new
Arc View software at a cost of about $1,500.00.
Mr. Zingale said he would use the $1,000.00
in the internet budge plus $500.00
from the Highway Department to purchase the software. Mr. Zingale said the
current Arc View software would not work with Windows 7.
Dicton suggested that Mr. Zingale set up a regular computer data back-up system
for all of the computers at Town Hall. Mr. Zingale said he would work with Mr.
Larry Gold to set up a system.
Hawley asked Mr. Zingale if he had received all of his data from Mr. Russell.
Mr. Zingale said he had not received anything due to the fact Mr. Russell’s
computer crashed and he lost the data. Mr. Zingale said he had resent the data
to Mr. Russell.
Rhodes read a letter of interest in the Town 1st Constable position
submitted by Mr. Ed Dumas. Mr. Hawley read a letter of interest submitted by
Mr. Joshua Terenzini. Mr. Faignant made a motion to appoint Mr. Ed Dumas as 1st
Constable. Mr. Hall made a second to the motion. The motion passed unanimously.
Board reviewed the fuel oil bids. The following bids were submitted:
Mac’s $3.145 fixed price for 9000 gallons
Energy $3.199 for 9000 gallons fixed price
Energy cost plus 30 cents over or $3.249
Getcha Fuels 24
cents over the Rutland / Middlebury which would equate to $3.12
Irving Oil $3.419 fixed cost for 9000 gallons
$3.00 variable fuel price at $3.311
Rhodes said the low bid is Mac at $3.145.
Mr. Hawley said for 9000 gallons the Johnson bid is $486.00
more than the Johnson bid.
Mr. Hyjek said the unspent Highway money would be
carried over and that the unspent
Fire and recreation would be used to lower the tax
rate. Mr. Rhodes said $31,793.27
leftover in the Fire Fund would be used to reduce
Mr. Rhodes said $21,001.54
left over in the Recreation budget would also be used to
lower the tax rate. Mr. Rhodes said the Fire Fund
would receive $153,324.83 annually
through the Depreciation fund and the Recreation
Department would receive
$21,903.00 and the Highway Department will receive $43,807.00.
Ms. Hyjek thanked Town Lister Howard Burgess for
requesting the State to adjust the
Town’s Educational tax contribution as a result of
the 2009 – 2010 tax appeals. She
said the adjustment amounted to a $700,000.00 saving to
Mr. Faignant moved to approve the homestead tax rate
of $1.4273 and the non-
residential rate of $1.4902.
Mr. Dicton made a second to the motion. The motion passed
Mr. Rhodes said the Town made $48,582.00 from logging the Mead Lot in West
Rutland. Ms. Hyjek said the Town made a total of $98,630.48 logging both of the
Town’s lots in West Rutland.
Mr. Rhodes reviewed a map showing the Baker property
located off the East Proctor
Road. Mr. Rhodes told Board members that the land is
adjacent to Dewey Field and is
Mr. Rhodes said if the Town were to purchase the
property it could be used for parking.
Mr. Rhodes told Board members that vehicles must park
on both side of the East
Proctor Road due to the lack of parking at Dewey
Mr. Faignant made a motion to pursue investigating
the purchase of the Baker property.
Mr. Hawley made a second to the motion. Mr. Rhodes
said he hopes to get the
purchase on the November ballot. The motion passed
Board reviewed packet correspondence.
Rhodes cited correspondence from the Town attorney, Kevin Brown, regarding
Firefighter coverage. According to Mr. Brown a July 1, 2012 change in the law
means Firefighters now have the same coverage as regular Town employees.
Rhodes inquired what the change means regarding coverage for the Women’s
Auxiliary. Mr. Faignant said the Women’s Auxiliary members would be covered
provided they were engaged in an activity approved by the Chief.
Dicton said he wants to make sure the Auxiliary is covered. Mr. Hawley said if
they are not covered then they should be covered as members in the Department.
Hall questioned Mr. Zingale regarding the status of the recent dog complaint.
Mr. Zingale said he met with the owner of the dog and he explained the need for
the owner to keep the dog from barking.
Hall reported on a recent Public Safety Committee meeting he attended at the
Vermont League of Cities and Towns. Mr. Hall said many town officials are
frustrated with the fact that local officials and the police do their job but
that when cases go to court everything falls apart, at the judge level.
Road Commissioner: Mr. Byron Hathaway
Chief: Ed Dumas reported:
Faignant moved to adjourn the meeting at 8:44 P.M. Mr. Hawley made a second to
the motion. The motion passed unanimously.